Who inherits or benefits when a testator bequeaths to his 'banin' (sons)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a testator states the bequest is to 'his banin' (sons), it is exclusively for the males, excluding females and those of indeterminate gender (khunatha). This is the position of the majority, including Shafi'i and the People of Opinion (Ahl al-Ra'y). The evidence supporting this is that the term 'banin' specifically denotes males, as indicated in verses such as Quran 37:153, Quran 43:16, Quran 3:14, and Quran 18:46, which contrast them with daughters and emphasize the preference for males in these textual contexts.
Supporting text
Al-Hasan, Ishaq, and Abu Thawr hold that it includes both males and females because if one bequeathed to the 'banin' of a tribe, both genders would be included. Al-Thawri stated that if the tribe includes both males and females, they all share; but if only females exist without any males, they receive nothing, as the masculine term prevails when both genders are present, similar to the term 'Muslimin' (Muslims) encompassing both genders.